Trademark Class 3: Cosmetics, Soaps, Perfumes and Cleaning Products

Trademark Class 3 overview: what does it cover?

Trademark Class 3 covers non-medicated cosmetics and toiletries, perfumes, essential oils, toothpaste, and cleaning, polishing and laundry products. Soaps, shampoos, face creams, lipsticks, hair oil, deodorants, incense sticks, detergents and floor cleaners all sit here, as long as they are not sold as medicines.

The key word is "non-medicated". A face cream that moisturises is Class 3. A cream that treats acne or a fungal infection is a medicine and belongs in Class 5. The same rule applies to shampoos, soaps and toothpaste.

Understanding the official heading of Class 3

Under Section 8 of the Trade Marks Act, 1999, India classifies goods as per the Nice Classification. The Class 3 heading reads:

Class 3 at a glance

Goods classified under Class 3: full list by type

Skincare and make-up

• Face creams, lotions, serums, sunscreens, face wash, face packs
• Lipstick, kajal, eyeliner, foundation, compact, nail polish and remover
• Body lotion, body butter, talcum powder, bath salts, shower gel
• Herbal and ayurvedic cosmetics sold as cosmetics, not as medicine
• Beard oil, shaving cream, aftershave

Hair care

• Shampoos, conditioners, hair oils, hair masks, hair serums
• Hair dyes, hair colour, henna for hair
• Hair styling gels, sprays and creams

Oral care

• Toothpaste and tooth powder (non-medicated)
• Mouthwash and breath fresheners for oral hygiene (non-medicated)

Perfumes and fragrances

• Perfumes, attar, eau de cologne, body mists, deodorants for people and animals
• Essential oils and aromatic oils
• Incense sticks (agarbatti), dhoop and room fragrance preparations

Soaps, laundry and cleaning

• Bath soaps, hand wash, liquid soap
• Detergent powder and liquid, washing bars, fabric softeners, laundry blue
• Floor cleaners, toilet cleaners, glass cleaners, dish wash bars and liquids
• Car shampoo and polish, shoe polish, furniture polish
• Sandpaper and abrasive preparations

Other Class 3 goods

• Pet shampoos and grooming preparations (non-medicated)
• False nails, false eyelashes and adhesives for them
• Cotton wool and wipes impregnated with cosmetics or cleaning preparations

Which class for common beauty and home care products?

The label and the way you advertise the product decide the class in practice. A claim like "treats dandruff" or "kills 99.9% germs" points to Class 5, even for a product that looks like a cosmetic.

What is not in Class 3?

Who should file a trademark in Class 3?

• Skincare, haircare and make-up brands, including D2C brands selling online
• Herbal and ayurvedic cosmetic brands (non-medicated range)
• Perfume, attar and deodorant makers
• Agarbatti and dhoop manufacturers
• Soap, detergent, dish wash and home cleaning product makers
• Private label and white label sellers who sell under their own brand on Amazon, Flipkart or Nykaa
• Salons launching their own product line

Classes related to Class 3

All of these can go in one TM-A application under Section 18(2), with the fee charged for each class. On IP India records, such an application may show class 99, which only means multi-class.

Class 3 vs Class 5 for herbal and ayurvedic brands

This is the decision most Indian beauty brands get wrong. If the product is sold to clean, beautify or perfume (a herbal face wash, a hair oil for shine), it is Class 3. If it is sold to treat or prevent a health problem (an anti-dandruff treatment sold as a medicine, an ayurvedic pain balm), it is Class 5. Many ayurvedic brands sell both ranges and should file both classes.

Class 3 vs Class 35 for online beauty brands

Class 3 protects the products. Class 35 protects your own online store or retail outlet. A D2C brand that sells only on marketplaces may manage with Class 3 at first. A brand with its own website or stores should add Class 35.

Nice Classification changes that affect Class 3

In WIPO's 13th edition (NCL 13-2026), in force from 1 January 2026, terpenes moved out of Class 3 into Class 1. For skincare, haircare, perfumes and cleaning products, the class stays the same. Check your exact goods against the IP India e-filing list on the day you file.

How to write your Class 3 goods description

Brand names that face objections in Class 3

Class 3 is one of the most crowded classes in India. Under Section 9, names that describe the product or its effect, such as "Glow", "Fair", "Herbal", "Natural", "Fresh" or "Shine" on their own or with a plain word, are often refused. Under Section 11, a name close to an existing cosmetics or soap brand is a common objection. A coined word, or an unrelated word used in a new way, gives you a much stronger chance.

Licences beauty and cleaning brands still need

A Class 3 trademark protects the brand name only. Selling the product may need other approvals:

• Cosmetics: a manufacturing licence under the Drugs and Cosmetics Act, 1940 and the Cosmetics Rules, 2020, from the state licensing authority; imported cosmetics need registration with CDSCO.
• Ayurvedic medicines: a separate AYUSH licence if any product is a medicine (and Class 5 for the trademark).
• Packaging: Legal Metrology declarations on every pre-packaged product.
• Marketplaces: brand registry on Amazon, Flipkart or Nykaa usually asks for a trademark application or registration in Class 3.

How to check trademark availability in Class 3

1. Type the brand name in the free check at the top. It shows same, similar and sound-alike marks in Class 3 and their status.
2. Search Class 5 and Class 35 too with our trademark search, because beauty brands often clash there.
3. Confirm on the IP India public search with class 3 selected.
4. Treat registered and advertised marks as the real risk; refused and abandoned ones usually are not.

How to register a trademark in Class 3

1. Search the name in Class 3 and related classes.
2. Prepare the goods list with accepted Class 3 wording.
3. File Form TM-A on the IP India e-filing portal; use ™ from the filing date.
4. Answer any examination report within one month (Rule 33, Trade Marks Rules, 2017).
5. Journal publication, with four months for anyone to oppose.
6. Registration, then use ® and renew every 10 years.

Documents needed

• Applicant details; company or LLP certificate if not an individual
• Udyam or DPIIT certificate for the lower government fee
• Logo and label design in JPG, if filing a logo
• Class 3 goods list
• User affidavit with proof (invoices, listings) if the brand is already in use
• Form TM-48 if an agent files

Class 3 trademark fee

Government fees per class under the Trade Marks Rules, 2017. A startup skincare brand filing Classes 3 and 35 pays ₹9,000 online.

Common mistakes in Class 3 filings

• Filing medicated products in Class 3. Treatment products are Class 5.
• Calling the brand by its benefit, such as "Glow Skin" or "Herbal Fresh".
• Filing only one product when the range will grow to soaps, oils and perfumes.
• Forgetting sanitisers and disinfectants, which are Class 5.
• Skipping Class 35 for an own website or stores.
• Starting sales without a cosmetics licence; the trademark does not cover that.

Benefits of registering your brand in Class 3

• Exclusive right over the name for your cosmetics, perfumes or cleaning products
• Faster takedown of copycat listings on marketplaces
• Brand registry access on Amazon, Flipkart and Nykaa
• Stronger position when working with contract manufacturers and private label makers
• A brand asset that adds value if you raise funds or sell the business

Quick guide: is your product in Class 3?

Ask these questions in order. The first "yes" is your class.

1. Is it sold to treat, cure or prevent a health problem? Then it is Class 5.
2. Is its main job killing germs (sanitiser, disinfectant)? Then it is Class 5.
3. Is it a tool, like a brush, comb, razor or trimmer? Then it is Class 21 or Class 8.
4. Is it a candle? Then it is Class 4.
5. Is it a cosmetic, toiletry, toothpaste, perfume, essential oil, incense, soap, detergent or cleaning or polishing product? Then it is Class 3.

Protecting a growing product range

Beauty and home care brands rarely stay with one product. A brand that starts with a face wash often adds serums, shampoos and perfumes within a year or two. Because classes cannot be added after filing, write the Class 3 goods list for the range you have now and the range you plan in the next two or three years.

Sub-brands and product line names, such as a named serum range, can be filed as separate marks if they matter commercially. The main brand should be filed first, as a word mark, so it is protected in every font and pack design.

Private label and third-party manufacturing

Many new beauty and cleaning brands do not run their own factory. A licensed third-party manufacturer makes the product and the brand owner sells it. In this setup, the trademark application should be filed in the brand owner's name, not the manufacturer's, because the owner on the application is the owner of the brand.

• Sign a written agreement that says the brand belongs to you and the manufacturer cannot use it on its own goods.
• Check that the label shows your brand along with the manufacturer's licence details, as the Cosmetics Rules require.
• If you change manufacturers later, your Class 3 trademark stays with you and moves with your business.

Trademark and marketplace brand registry

Amazon, Flipkart and Nykaa run brand registry programmes that help brand owners control listings and remove copycats. They usually ask for a trademark application number or registration certificate that matches your brand name and covers the products you list, which for beauty products means Class 3. Filing early, even before launch, gives you an application number to start the process.

After registration: keeping your Class 3 mark safe

• Use the mark on every product and listing; five years of non-use can lead to removal.
• Watch the Trade Marks Journal each week for similar beauty and soap brands, and oppose within four months.
• Report copycat listings on marketplaces using your registration.
• Renew every 10 years with Form TM-R, class by class.

Examples of choosing classes for Class 3 businesses

Example: an Indore skincare brand selling face serums on its own website. It filed Class 3 for the serums and Class 35 for online retail.

Example: a Kannauj attar maker that also sells scented candles. Attar went in Class 3 and candles in Class 4.

Example: a Kochi ayurvedic brand with a hair oil sold as a cosmetic and a pain balm sold as a medicine. The hair oil needed Class 3 and the balm Class 5.